The Meta Ray-Ban glasses have sparked a heated debate between technological innovation and privacy concerns, particularly in Europe where the General Data Protection Regulation (GDPR) enforces stringent rules.
A Firm Stance by the CNIL
Unlike a smartphone, the Meta Ray-Ban glasses – which have become quite popular and have been tested by our editorial team – are equipped with a discreet camera, marked by an LED on the side that signals when the user is recording or taking a photo. However, this still raises a consent issue: bystanders may not be aware that they are being recorded, making the use of these glasses potentially invasive.
The National Commission on Informatics and Liberty (CNIL) has a clear-cut position on the issue of video recording through connected glasses. This is especially relevant since it recently received its first complaint in France concerning the legality of their use.
– on one hand, strictly personal use without distribution: it is legal to film for strictly private use,
– on the other hand, use with distribution: filming to publish images (on social networks or a website) requires following certain formalities: informing the filmed individuals, obtaining their consent beforehand, and allowing them to exercise their rights over their personal data (access, correction, deletion). Without these, the use of the glasses thus becomes illegal.
Legal Exceptions and Responsibility
It’s worth noting that certain situations allow for filming individuals without explicit consent, such as public demonstrations or news events, under the right to information. Or for journalistic use or in educational or cultural projects, where privacy can be balanced with the public interest.
In practice, these requirements are hard to meet: obtaining formal consent for every passerby is nearly impossible, especially in live streaming. In any case, the user of the connected glasses will be directly held responsible for any GDPR and image rights violations, but not Meta – at least for now.
The American group indeed urges users to be cautious. On its website, it carefully advises against encouraging these practices and recommends stopping filming if someone expresses objection. However, Meta paradoxically promotes uses (broadcasting on social networks) that are difficult to reconcile with European regulations.
Our Perspective
The use of Meta Ray-Ban connected glasses raises questions regarding privacy and personal data management. While their strictly personal use is legal, their use for public posting or broadcasting is problematic within the European Union (less so in the USA, where numerous videos have flooded social networks).
Whether one supports or opposes this regulatory framework, for the European user as well as for business innovation, it represents a significant disadvantage, which is also evident in many fields, such as autonomous vehicles, which have been operating for years in the USA.
Users must now navigate between the allure of innovative technology and the constraints imposed by law. To avoid penalties, adhering to the principles of transparency and consent is crucial, while also considering the exceptions for cases of public interest.
The legal questions and aspects are significant, especially since there is a large portion of the population that is rightfully uncomfortable with the capture of photos and videos in public and private spaces without permission.
However, it’s also worth noting that the same issue has arisen with smartphone cameras, which are no more permitted to ‘steal’ images than Meta’s glasses, but we have largely become accustomed to them, and nowadays, it’s not really the capture of these photos that is criticized, but rather the illegal distribution of them. At some point, we might need to accept that these glasses are no more problematic than a smartphone.
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Test of Ray-Ban Meta Glasses
